Agenda item

REPORT OF THE DEVELOPMENT AND CONSERVATION MANAGER

Retention of cricket wicket; fencing around pond and bunding along boundary as a variation to the approved use and landscaping (LPA refs: 08/02926/1, 12/00359/1DOC and 12/00532/1DOC).

RESOLVED:  In pursuance of its powers under the above Act and the associated Orders and Regulations, the Council made a SPLIT DECISION for the development proposed by you in your application received with sufficient particulars on 24 October 2018:

DEVELOPMENT A – APPROVED

1.         The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

REASON:      To ensure the development was carried out in accordance with details which form the basis of this grant of permission.

DEVELOPMENT B - REFUSED

1.         The amendments to the agreed landscaping scheme, specifically the artificial surface and bunding, would cause unacceptable harm to a registered heritage asset contrary to provisions in Section 16 of National Planning Policy Framework as supported by Policy 19 of North Hertfordshire District Local Plan No.2 with Alterations and Policy HE1 of the emerging Local Plan 2011 - 3031.

2.         The application site was located within an area designated in the North Hertfordshire District Local Plan no. 2 - with Alterations proposals map as Green Belt, although not inappropriate development, in the opinion of the Local Planning Authority this planning application to vary the approved landscaping scheme for the sporting facilities approved by appeal reference No. APP/X1925/A/09/2111993 cause demonstrable harm to the openness of the Green Belt and cause harm to the purpose of safeguarding the countryside from encroachment. In the opinion of the Local Planning Authority the applicant had not demonstrated Very Special Circumstances which were sufficient to outweigh the substantial weight that should be given to any harm to the Green Belt that was required under paragraph 144 of the NPPF.  The work therefore conflicted with saved Policy 2 'Green Belt' of the North Hertfordshire District Local Plan No. 2 - with Alterations, Policy SP5 'Countryside and Green Belt' and Section 13 'Protecting Green Belt Land' of the NPPF.

Audio Recording – Start time of Item – 1 hour 40 minutes and 14 seconds

Retention of cricket wicket; fencing around pond and bunding along boundary as a variation to the approved use and landscaping (LPA refs: 08/02926/1, 12/00359/1DOC and 12/00532/1DOC)

Simon Ellis, the Planning Control and Conservation Manager Area Planning Officer provided updates in respect of planning application 18/02320/FP, supported by a visual presentation consisting of slides.

The following Members asked questions or sought clarification from Simon Ellis the Planning Control and Conservation Manager regarding the presentation of the report:

·         Councillor Harry Spencer-Smith

·         Councillor Jean Green

The following people made a presentation in objection to the application:

·         Councillor David Barnard (Member Advocate)

The Chairman thanked Simon Ellis for his presentation and invited him to respond to any points raised by Councillor Barnard.

The following Members asked clarification of Simon Ellis’ presentation:

·         Councillor Harry Spencer-Smith

The Committee debated the application.  The following Members contributed to the debate:

·         Councillor Michael Weeks

The following Members voted to accept the application:

·         Councillor Daniel Allen and seconded by Councillor Sarah Dingley

The following Members proposed an amendment to the proposal:

·         Councillor Harry Spencer-Smith which was seconded by Councillor Mike Hughson

The following Members required clarification as to what exactly what being voted upon:

·         Councillor Ian Mantle

The following Members voted to refuse the application:

·         Councillor Weeks, seconded by Councillor Paul Clark

Any areas of confusion were clarified by the Lawyer and having been put to vote, it was:

RESOLVED:  In pursuance of its powers under the above Act and the associated Orders and Regulations, the Council made a SPLIT DECISION for the development proposed by you in your application received with sufficient particulars on 24 October 2018:

DEVELOPMENT A – APPROVED

1.         The development hereby permitted shall be carried out wholly in accordance with the details specified in the application and supporting approved documents and plans listed above.

REASON:      To ensure the development was carried out in accordance with details which form the basis of this grant of permission.

DEVELOPMENT B - REFUSED

1.         The amendments to the agreed landscaping scheme, specifically the artificial surface and bunding, would cause unacceptable harm to a registered heritage asset contrary to provisions in Section 16 of National Planning Policy Framework as supported by Policy 19 of North Hertfordshire District Local Plan No.2 with Alterations and Policy HE1 of the emerging Local Plan 2011 - 3031.

2.         The application site was located within an area designated in the North Hertfordshire District Local Plan no. 2 - with Alterations proposals map as Green Belt, although not inappropriate development, in the opinion of the Local Planning Authority this planning application to vary the approved landscaping scheme for the sporting facilities approved by appeal reference No. APP/X1925/A/09/2111993 cause demonstrable harm to the openness of the Green Belt and cause harm to the purpose of safeguarding the countryside from encroachment. In the opinion of the Local Planning Authority the applicant had not demonstrated Very Special Circumstances which were sufficient to outweigh the substantial weight that should be given to any harm to the Green Belt that was required under paragraph 144 of the NPPF.  The work therefore conflicted with saved Policy 2 'Green Belt' of the North Hertfordshire District Local Plan No. 2 - with Alterations, Policy SP5 'Countryside and Green Belt' and Section 13 'Protecting Green Belt Land' of the NPPF.